Home » 2014 Issues » June 11, 2014 » AAM-23-14-00001-EP Species of Ash Trees, Parts Thereof and Products and Debris Therefrom Which Are at Risk for Infestation by the Emerald Ash Borer
AAM-23-14-00001-EP Species of Ash Trees, Parts Thereof and Products and Debris Therefrom Which Are at Risk for Infestation by the Emerald Ash Borer
6/11/14 N.Y. St. Reg. AAM-23-14-00001-EP
NEW YORK STATE REGISTER
VOLUME XXXVI, ISSUE 23
June 11, 2014
RULE MAKING ACTIVITIES
DEPARTMENT OF AGRICULTURE AND MARKETS
EMERGENCY/PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
I.D No. AAM-23-14-00001-EP
Filing No. 430
Filing Date. May. 22, 2014
Effective Date. May. 22, 2014
Species of Ash Trees, Parts Thereof and Products and Debris Therefrom Which Are at Risk for Infestation by the Emerald Ash Borer
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Proposed Action:
Amendment of section 141.2 of Title 1 NYCRR.
Statutory authority:
Agriculture and Markets Law, sections 18, 164 and 167
Finding of necessity for emergency rule:
Preservation of general welfare.
Specific reasons underlying the finding of necessity:
The rule amends section 141.2 of 1 NYCRR to extend the Emerald Ash Borer (EAB) quarantine to all of Madison and Onondaga Counties.
EAB, Agrilus planipennis, an insect species non-indigenous to the United States, is a destructive wood-boring insect native to eastern Russia, northern China, Japan and the Korean peninsula. EAB can cause serious damage to healthy ash trees by boring through their bark, consuming cambium tissue, which contains growth cells, and phloem tissue, which is responsible for carrying nutrients throughout the tree. This boring activity results in loss of bark, or girdling, and ultimately results in the death of the tree within two years. The average adult EAB is 3/4 of an inch long and 1/6 of an inch wide and is a dark metallic green in color. The larvae are approximately 1 to 1 1/4 inches long and are creamy white in color. Adult insects emerge in May and June and begin laying eggs in crevasses in the bark about two weeks after emergence. One female can lay 60 to 90 eggs. After hatching, the larvae burrow into the bark and begin feeding on the cambium and phloem, usually from late July or early August through October, before overwintering in the outer bark. The larvae emerge as adult insects the following spring, and the life cycle begins anew. Evidence of the presence of the EAB includes loss of tree bark, S-shaped larval galleries, or tunnels, just beneath the bark, small, D-shaped exit holes through the bark and dying and thinning branches near the top of the tree.
Ash trees, nursery stock, logs, green lumber, firewood, stumps, roots, branches and debris of a half inch or more in diameter are subject to infestation. Materials at risk of attack and infestation by the EAB include the following species of North American ash trees: White Ash (Fraxinus Americana); Green Ash (Fraxinus pennsylvanica); Black Ash (Fraxinus nigra); and Blue Ash (Fraxinus quadrangulata). The movement of these materials poses a serious threat to susceptible ash trees in forests as well as in parks and yards throughout the State.
EAB was first discovered in Michigan in June 2002, and has since spread to at least 15 other states as well as to two provinces in Canada. The initial detection of this pest in New York occurred on June 16, 2009 in the Town of Randolph, which is located in southwestern Cattaraugus County and is adjacent to Chautauqua County. A quarantine of both counties was established pursuant to federal protocols for control of EAB.
Further detections were confirmed in six other counties (Monroe, Genesee, Livingston, Steuben, Greene and Ulster) during July and August, 2010. Due to the patchwork nature of these detections, limited detection capabilities and stakeholder input, the EAB quarantine was extended to the following 14 counties in western New York: Monroe, Genesee, Livingston, Steuben, Niagara, Erie, Orleans, Wyoming, Allegany, Wayne, Ontario, Yates, Schuyler and Chemung. A new quarantine region was established in eastern New York comprised of Greene and Ulster Counties.
In 2011, there were multiple new detections within the Western New York quarantine area. New detections of EAB in Albany and Orange Counties demonstrate further spread of EAB within the Eastern New York quarantine area and prompted the extension of the quarantine to include those counties.
In 2012, there were new detections within the Western New York quarantine area as well as the Eastern New York area. All but two were within quarantine counties. Dutchess and Tioga Counties were new detections outside the quarantine area and as such, were quarantined per federal protocols.
In 2013, the two quarantine zones were combined by adding the counties of Broome, Cayuga, Chenango, Columbia, Cortland, Delaware, Dutchess, Otsego, Putnam, Rensselaer, Schenectady, Schoharie, Seneca, Sullivan, Tioga and Tompkins as well as portions of Fulton, Herkimer, Madison, Montgomery, Oneida and Onondaga south of the New York State Thruway. This expansion created one quarantine zone.
Subsequent to this expansion, there were multiple finds of EAB in Onondaga County during the 2013 trapping season. On November 1, 2013, EAB was identified just to the north of the quarantine boundary in Onondaga County. These finds have prompted the decision to promulgate this rule which will extend the quarantine north of the New York State Thruway to encompass all of Onondaga County. In addition, given the rapid pace of the spread of EAB and to simplify compliance, the rule will extend the quarantine north of the New York State Thruway to encompass all of Madison County.
The regulations are necessary to protect the general welfare, since the effective control of the EAB in those portions of counties where this insect has most recently been found is important to protect New York’s nursery, forest products industry, urban and suburban street trees and forest resources. The quarantine will help ensure that as control measures are undertaken, EAB does not spread beyond those areas via the movement of infested trees and materials.
The regulations are also necessary to balance pest risk against economic impacts as this program transitions to a management program. The immediate adoption of this rule is necessary to meet Federal protocols for new detections as well as mitigate negative economic impacts that have resulted from the current configuration of the quarantine.
Based on the facts and circumstances set forth above, the Department has determined that the immediate adoption of these amendments is necessary for the preservation of the general welfare and that compliance with subdivision one of section 202 of the State Administrative Procedure Act would be contrary to the public interest.
Subject:
Species of ash trees, parts thereof and products and debris therefrom which are at risk for infestation by the emerald ash borer.
Purpose:
To extend the emerald ash borer quarantine to prevent the further spread of the beetle to other areas.
Text of emergency/proposed rule:
Section 141.2 of 1 NYCRR is amended to read as follows:
Section 141.2. Quarantined area.
(a) Regulated articles as described in section 141.3 of this Part shall not be shipped, transported or otherwise moved from any point within Albany, Allegany, Broome, Cattaraugus, Cayuga, Chautauqua, Chemung, Chenango, Columbia, Cortland, Delaware, Dutchess, Erie, Genesee, Greene, Livingston, Madison, Monroe, Niagara, Onondaga, Ontario, Orleans, Orange, Otsego, Putnam, Rensselaer, Schenectady, Schoharie, Schuyler, Seneca, Steuben, Sullivan, Tioga, Tompkins, Ulster, Wayne, Wyoming and Yates Counties to any point outside of said counties, except in accordance with this Part.
(b) Regulated articles as described in section 141.3 of this Part shall not be shipped, transported or otherwise moved from any point within those portions of Fulton, Herkimer, [Madison,] Montgomery[,] and Oneida [and Onondaga] Counties inclusive of and south of the New York State Thruway to any point outside of said counties, except in accordance with this Part. The boundary of the quarantine in these counties is as follows: [a line from the shore of Lake Ontario following the boundary of Cayuga County south to the New York State Thruway; continuing east along and inclusive of the New York State Thruway to its intersection with State Route 28 in Herkimer County; continuing north along State Route 28 to its intersection with State Route 29; continuing east along State Route 29 onto State Route 29A until the crossing of the East Canada Creek; continuing south along the East Canada Creek to its intersection with State Highway 29; continuing east along State Highway 29 until its intersection with State Highway 67; continuing east along State Highway 67 until its intersection with the Saratoga County line; continuing south along the boundary of Saratoga and Albany Counties to the Rensselaer County line.] a line from the shore of Lake Ontario following the boundary of Cayuga County south to the Onondaga/Oswego County Line. Continuing east to include all of Onondaga and Madison Counties and following the Madison/Oneida county line south to the NYS Thruway (Interstate 90). Continuing East along, and including, I-90 to its intersection with State Route 28 in Herkimer County. Then North along State Route 28 to its intersection with State Route 29. East along State Route 29 continuing straight onto State Route 29A until the crossing of the East Canada Creek. Then South along the East Canada Creek to its intersection with State Highway 29. East on State Highway 29 until its intersection with State Highway 67. Then continuing East on State Highway 67 until its intersection with the Saratoga County line. From there, south along the boundary of Saratoga and Albany Counties to the Rensselaer County line.
This notice is intended:
to serve as both a notice of emergency adoption and a notice of proposed rule making. The emergency rule will expire August 19, 2014.
Text of rule and any required statements and analyses may be obtained from:
Christopher A. Logue, Director, Division of Plant Industry, NYS Department of Agriculture and Markets, 10B Airline Drive, Albany, New York 12235, (518) 457-2087
Data, views or arguments may be submitted to:
Same as above.
Public comment will be received until:
45 days after publication of this notice.
This rule was not under consideration at the time this agency submitted its Regulatory Agenda for publication in the Register.
Regulatory Impact Statement
1. Statutory authority:
Section 18 of the Agriculture and Markets Law provides, in part, that the Commissioner may enact, amend and repeal necessary rules which shall provide generally for the exercise of the powers and performance of the duties of the Department as prescribed in the Agriculture and Markets Law and the laws of the State and for the enforcement of their provisions and the provisions of the rules that have been enacted.
Section 164 of the Agriculture and Markets Law provides, in part, that the Commissioner shall take such action as he may deem necessary to control or eradicate any injurious insects, noxious weeds, or plant diseases existing within the State.
Section 167 of the Agriculture and Markets Law provides, in part, that the Commissioner may adopt and promulgate such rules and regulations to supplement and give full effect to the provisions of Article 14 of the Agriculture and Markets Law.
2. Legislative objectives:
The regulations are consistent with the public policy objectives the Legislature sought to advance by enacting the statutory authority in that it will help to prevent the spread within the State of an injurious insect, the Emerald Ash Borer (EAB).
3. Needs and benefits:
The rule amends section 141.2 of 1 NYCRR to extend the EAB quarantine north of the New York State Thruway to encompass all of the counties of Madison and Onondaga.
The Emerald Ash Borer, Agrilus planipennis, an insect species non-indigenous to the United States, is a destructive wood-boring insect native to eastern Russia, northern China, Japan and the Korean peninsula. EAB can cause serious damage to healthy trees by boring through their bark, consuming cambium tissue, which contains growth cells, and phloem tissue, which is responsible for carrying nutrients throughout the tree. This boring activity results in loss of bark, or girdling, and ultimately results in the death of the tree within two years. The average adult EAB is 3/4 of an inch long and 1/6 of an inch wide and is a dark metallic green in color. The larvae are approximately 1 to 1 1/4 inches long and are creamy white in color. Adult insects emerge in May and June and begin laying eggs in crevasses in the bark about two weeks after emergence. One female can lay 60 to 90 eggs. After hatching, the larvae burrow into the bark and begin feeding on the cambium and phloem, usually from late July or early August through October, before overwintering in the outer bark. The larvae emerge as adult insects the following spring, and the life cycle begins anew. Evidence of the presence of the EAB includes loss of tree bark, S-shaped larval galleries, or tunnels, just beneath the bark, small, D-shaped exit holes through the bark and dying and thinning branches near the top of the tree.
Ash trees, nursery stock, logs, green lumber, firewood, stumps, roots, branches and debris of a half inch or more in diameter are subject to infestation. Materials at risk of attack and infestation by the EAB include the following species of North American ash trees: White Ash (Fraxinus Americana); Green Ash (Fraxinus pennsylvanica); Black Ash (Fraxinus nigra); and Blue Ash (Fraxinus quadrangulata). The movement of these materials poses a serious threat to susceptible ash trees in forests as well as in parks and yards throughout the State.
EAB was first discovered in Michigan in June 2002, and has since spread to at least 15 other states as well as to two provinces in Canada. The initial detection of this pest in New York occurred on June 16, 2009 in the Town of Randolph, which is located in southwestern Cattaraugus County and is adjacent to Chautauqua County. A quarantine of both counties was established pursuant to federal protocols for control of EAB.
Further detections were confirmed in six other counties (Monroe, Genesee, Livingston, Steuben, Greene and Ulster) during July and August, 2010. Due to the patchwork nature of these detections, limited detection capabilities and stakeholder input, the EAB quarantine was extended to the following 14 counties in western New York: Monroe, Genesee, Livingston, Steuben, Niagara, Erie, Orleans, Wyoming, Allegany, Wayne, Ontario, Yates, Schuyler and Chemung. A new quarantine region was established in eastern New York comprised of Greene and Ulster Counties.
In 2011, there were multiple new detections within the Western New York quarantine area. New detections of EAB in Albany and Orange Counties demonstrate further spread of EAB within the Eastern New York quarantine area and prompted the extension of the quarantine to include those counties.
In 2013, the two quarantine zones were combined by adding the counties of Broome, Cayuga, Chenango, Columbia, Cortland, Delaware, Dutchess, Otsego, Putnam, Rensselaer, Schenectady, Schoharie, Seneca, Sullivan, Tioga and Tompkins as well as portions of Fulton, Herkimer, Madison, Montgomery, Oneida and Onondaga. This expansion created one quarantine zone.
Subsequent to this expansion, there were multiple finds of EAB in Onondaga County during the 2013 trapping season. On November 1, 2013, EAB was identified just to the north of the quarantine boundary in Onondaga County. These finds have prompted the decision to promulgate this rule which will extend the quarantine north of the New York State Thruway to encompass all of Onondaga County. In addition, given the rapid pace of the spread of EAB and to simplify compliance, the rule will extend the quarantine north of the New York State Thruway to encompass all of Madison County.
The regulations are necessary to balance pest risk against economic impacts as this program transitions to a management program. The immediate adoption of this rule is necessary to meet Federal protocols for new detections as well as mitigate negative economic impacts that have resulted from the current configuration of the quarantine.
4. Costs:
(a) Costs to regulated parties for the implementation of and continuing compliance with the rule: There are 27 licensed nursery growers and 57 licensed plant dealers in the new quarantine areas. However, it is anticipated that only a fraction of these establishments carry regulated articles. There is no approved protocol for ash nursery stock. Furthermore, experience has shown that the presence of EAB and its destructive potential will significantly reduce or eliminate the market for ash nursery stock as ornamental, street and park plantings.
According to the US Census Bureau’s most recent County Business Patterns Report, there are 5 logging companies, sawmills and forest-products manufacturers in these counties as well as 2 businesses which provide support services to the forestry industry, employing approximately 50 workers.
Regulated parties exporting regulated articles, exclusive of nursery stock, from the new quarantine area, other than pursuant to compliance agreement, would require an inspection of the materials, taking and analyzing soil samples, reviewing shipment records and issuing a federal or state certificate of inspection. These services are available at a rate of $25 per hour. Most inspections will take one hour or less. However, most shipments would be made pursuant to compliance agreements.
Tree removal services would have the option of leaving host materials within the quarantine area or transporting them outside of the quarantine area under a limited permit to a federal/state disposal site for processing.
(b) Costs to the agency, the state and local governments for the implementation and continuation of the rule: Some local governments may face expenses in tree maintenance since ash trees have become popular trees to use to line streets. However, the rule does not require local governments to remove the trees from the quarantine area. Accordingly, local governments within the quarantine area will not incur any additional expenses due to the quarantine.
(c) The information, including the sources of such information and the methodology upon which the cost analysis is based: The costs analysis set forth above is based upon observations of the industry.
5. Local government mandate:
None.
6. Paperwork:
Regulated articles inspected and certified to be free of EAB moving from the quarantine area established by the rule would have to be accompanied by a state or federal certificate of inspection and a limited permit or be undertaken pursuant to a compliance agreement.
7. Duplication:
None.
8. Alternatives:
The alternative of no action was considered. However, this option is not feasible, given the threat EAB poses to the State’s forests and forest-based industries. Additionally, the option of establishing a quarantine throughout the entire state was also considered. However, this option could result in exterior quarantines by foreign and domestic trading partners as well as a federal quarantine of the entire State. It could also place the State’s own natural resources (forest, urban and agricultural) at risk from the spread of EAB that could result from the unrestricted movement of White Ash, Green Ash, Black Ash and Blue Ash from the quarantine areas. In light of these factors, there does not appear to be any viable alternative to the quarantine set forth in this proposal.
9. Federal standards:
The regulations do not exceed any minimum standards for the same or similar subject areas.
10. Compliance schedule:
It is anticipated that regulated parties would be able to comply with the regulations immediately.
Regulatory Flexibility Analysis
1. Effect of rule:
The small businesses affected by the regulations extending the Emerald Ash Borer (EAB) quarantine north of the New York State Thruway to encompass all of the counties of Madison and Onondaga are the nursery dealers, nursery growers, landscaping companies, loggers, sawmills and other forest products manufacturers located within those counties. There are 27 licensed nursery growers and 57 licensed plant dealers in the new quarantine areas. According to the US Census Bureau’s most recent County Business Patterns Report, there are approximately 5 logging companies, sawmills and forest-products manufacturers in the new quarantine area as well as 2 business which provide support services to the forestry industry, employing approximately 50 workers.
It is anticipated that only a fraction of these establishments carry regulated articles. Furthermore, experience has shown that the presence of EAB and its destructive potential will significantly reduce or eliminate the market for ash nursery stock as ornamental, street and park plantings.
It is not anticipated that local governments would be involved in the shipment of regulated articles from the quarantine area.
2. Compliance requirements:
There is no approved protocol to diagnose or treat nursery stock, since approved methods (e.g. debarking) would kill the plants. All regulated parties in the quarantine area established by the regulations would be required to obtain certificates and limited permits in order to ship other regulated articles (e.g. firewood and forest products) from that area. In order to facilitate such shipments, regulated parties may enter into compliance agreements.
It is not anticipated that local governments would be involved in the shipment of regulated articles from the quarantine area.
3. Professional services:
In order to comply with the regulations, all regulated parties shipping regulated articles from the quarantine area would require professional inspection services, which would be provided by the Department, the Department of Environmental Conservation (DEC) or the United States Department of Agriculture (USDA).
It is not anticipated that local governments would be involved in the shipment of regulated articles from the quarantine area.
4. Compliance costs:
(a) Initial capital costs that will be incurred by a regulated business or industry or local government in order to comply with the rule: None.
(b) Annual cost for continuing compliance with the rule: Regulated parties exporting regulated articles, exclusive of nursery stock, from the new quarantine area, other than pursuant to compliance agreement, would require an inspection of the materials, taking and analyzing soil samples, reviewing shipment records and issuing a federal or state certificate of inspection. These services are available at a rate of $25 per hour. Most inspections will take one hour or less. However, most shipments would be made pursuant to compliance agreements.
Tree removal services would have the option to leave host materials within the quarantine area or transport them outside of the quarantine area under a limited permit to a federal/state disposal site for processing.
It is not anticipated that local governments would be involved in the shipment of regulated articles from the quarantine area.
5. Economic and technological feasibility:
The economic and technological feasibility of compliance with the rule by small businesses and local governments has been addressed and such compliance has been determined to be feasible. Regulated parties shipping regulated articles (exclusive of nursery stock) from the quarantine area, other than pursuant to a compliance agreement, would require an inspection and the issuance of a certificate of inspection. Most shipments, however, would be made pursuant to compliance agreements. Accordingly, the requirements and procedures are economically and technologically feasible.
6. Minimizing adverse impact:
The Department has designed the rule to minimize adverse economic impact on small businesses. By expanding the quarantine to areas where EAB has been detected, the rule minimizes economic impacts while maintaining restrictions that assist in minimizing the spread of EAB.
As set forth in the regulatory impact statement, the regulations provide for agreements between the Department and regulated parties that permit the shipment of regulated articles without state or federal inspection. These compliance agreements, for which there is no charge, are another way in which the rule was designed to minimize adverse impact. The approaches for minimizing adverse economic impact required by section 202-a(1) of the State Administrative Procedure Act and suggested by section 202-b(1) of the State Administrative Procedure Act were considered. Given all of the facts and circumstances, it is submitted that the regulations minimize adverse economic impact as much as is currently possible.
7. Small business and local government participation:
The Department is continuing to keep stakeholder groups informed concerning the spread of EAB and the need to expand the quarantine. A stakeholder meeting is being planned for this spring.
State and federal entities are continuing aggressive outreach efforts in promoting the message “don’t move firewood.” Movement of firewood continues to present a serious threat to spread of EAB and other invasive insects.
Outreach efforts will continue.
Rural Area Flexibility Analysis
1. Type and estimated numbers of rural areas:
The businesses affected by the regulations extending the Emerald Ash Borer (EAB) quarantine to northern Madison and Onondaga Counties are the nursery dealers, nursery growers, landscaping companies, loggers, sawmills and other forest products manufacturers located within those counties. There are 27 licensed nursery growers and 57 licensed plant dealers in the new quarantine areas. According to the US Census Bureau’s most recent County Business Patterns Report, there are approximately 5 logging companies, sawmills and forest-products manufacturers in the new quarantine area as well as 2 business which provide support services to the forestry industry, employing approximately 50 workers.
These businesses are in rural areas as defined by section 481(7) of the Executive Law.
It is anticipated that only a fraction of these establishments carry regulated articles. Furthermore, experience has shown that the presence of EAB and its destructive potential will significantly reduce or eliminate the market for ash nursery stock as ornamental, street and park plantings.
2. Reporting, recordkeeping and other compliance requirements; and professional services:
There is no approved protocol to diagnose or treat nursery stock, since approved methods (e.g. debarking) would kill the plants. All regulated parties in the quarantine area established by the regulations would be required to obtain certificates and limited permits in order to ship other regulated articles (e.g. firewood and forest products) from that area. In order to facilitate such shipments, regulated parties may enter into compliance agreements.
In order to comply with the regulations, all regulated parties shipping regulated articles from the quarantine area would require professional inspection services, which would be provided by the Department, the Department of Environmental Conservation (DEC) or the United States Department of Agriculture (USDA).
3. Costs:
Regulated parties exporting regulated articles, exclusive of nursery stock, from the new quarantine area, other than pursuant to compliance agreement, would require an inspection of the materials, taking and analyzing soil samples, reviewing shipment records and issuing a federal or state certificate of inspection. These services are available at a rate of $25 per hour. Most inspections will take one hour or less. However, most shipments would be made pursuant to compliance agreements.
Tree removal services would have the option to leave host materials within the quarantine area or transport them outside of the quarantine area under a limited permit to a federal/state disposal site for processing.
4. Minimizing adverse impact:
In conformance with State Administrative Procedure Act section 202-bb(2), the Department has designed the rule to minimize adverse economic impact on businesses in rural areas. By expanding the quarantine to areas where EAB has been detected, the rule minimizes economic impacts while maintaining restrictions that assist in minimizing the spread of EAB.
As set forth in the regulatory impact statement, the regulations provide for agreements between the Department and regulated parties that permit the shipment of regulated articles without state or federal inspection. These compliance agreements, for which there is no charge, are another way in which the rule was designed to minimize adverse impact.
5. Rural area participation:
The Department is continuing to keep stakeholder groups informed concerning the spread of EAB and the need to expand the quarantine. A stakeholder meeting is being planned for this spring.
State and federal entities are continuing aggressive outreach efforts in promoting the message “don’t move firewood.” Movement of firewood continues to present a serious threat to spread of EAB and other invasive insects.
Outreach efforts will continue.
Job Impact Statement
The amendment to section 141.2, extending the Emerald Ash Borer (EAB) north of the New York State Thruway to encompass all of the counties of Madison and Onondaga, will not have a substantial adverse impact on jobs or employment opportunities and in fact, will likely aide in protecting jobs and employment opportunities for now and in the future. Forest related activities in New York State provide employment for approximately 70,000 people. Of that number, 55,000 jobs are associated with the wood-based forest economy, including manufacturing. The forest-based economy generates payrolls of more than $2 billion.
By extending the EAB quarantine, the regulation is designed to prevent the further spread of this pest to other parts of the State. There are an estimated 750-million ash trees in New York State (excluding the Adirondack and Catskill Forest Preserves), with ash species making up approximately seven percent of all trees in our forests. A spread of the infestation would have very adverse economic consequences to the nursery, forestry and wood-working (e.g. lumber yard, flooring and furniture and cabinet making) industries of the State, due to the destruction of the regulated articles upon which these industries depend. Additionally, a spread of the infestation could result in the imposition of more restrictive quarantines by the federal government, other states and foreign countries, which would have a detrimental impact upon the financial well-being of these industries.
By helping to prevent the spread of EAB, the rule helps prevent such adverse economic consequences, which protects the jobs and employment opportunities associated with the State’s nursery, forestry and wood-working industries.
